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Bill > SB2331

MS SB2331

MS SB2331
Expungement; consolidate statutes concerning.

summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Consolidate The Statutes Concerning Expungement; To Create A Unified Expungement Statute; To Provide For The Legal Effect Of An Order To Expunge; To Provide For Expungement Of Misdemeanor And Felony Convictions; To Specify Records That May Not Be Expunged; To Provide For Expungement Of A First-offense Dui Conviction; To Provide For Expungement Upon Completion Of Intervention Court; To Provide For Expungement Of Convictions For Purchase Of Light Wine Or Beer By Minors; To Provide For Certain Nonconvictions; To Set Filing Fees According To Preexisting Law; To Require Interstate Identification Index Reports; To Require Clerks Of Court To Submit Post-expungement Records; To Amend Section 9-11-15, Mississippi Code Of 1972, To Conform Expungements In The Justice Courts; To Amend Section 9-23-23, Mississippi Code Of 1972, To Conform Expungements In Intervention Courts; To Amend Section 21-23-7, Mississippi Code Of 1972, To Conform Expungement In Municipal Courts; To Amend Section 41-29-150, Mississippi Code Of 1972, To Conform Expungement Of Certain Drug Charges; To Amend Section 45-27-21, Mississippi Code Of 1972, To Conform Record-keeping Requirements For The Criminal Information Center; To Amend Section 63-11-30, Mississippi Code Of 1972, To Conform The Expungement Of Dui Records; To Amend Section 99-15-26, Mississippi Code Of 1972, To Conform Nonadjudication Provisions; To Repeal Section 99-15-59, Mississippi Code Of 1972, Which Provides That Any Person Who Is Arrested, Issued A Citation, Or Held For Any Misdemeanor And Not Formally Charged Or Prosecuted With An Offense Within 12 Months Of Arrest, Or Upon Dismissal Of The Charge, May Apply To The Court With Jurisdiction Over The Matter For The Charges To Be Expunged; To Repeal Section 99-19-71, Mississippi Code Of 1972, Which Provides For Expungement Of Certain Felony And Misdemeanor Conviction Records; To Repeal Section 99-19-72, Mississippi Code Of 1972, Which Provides For Filing Fees For Certain Petitions For Expungement And The Disposition Thereof; And For Related Purposes.

AI Summary

This bill consolidates and modernizes Mississippi's expungement statutes, creating a comprehensive framework for removing certain criminal records from public view. The bill defines expungement as the deletion of criminal offense records from a person's public records, while maintaining a nonpublic record for limited law enforcement and first-offender determination purposes. It establishes detailed provisions for expunging misdemeanor and felony convictions, with specific eligibility criteria and restrictions. For misdemeanors, first-time offenders or those demonstrating rehabilitation may petition for expungement, while felony expungement is limited to one conviction after five years and excludes certain serious crimes like violent offenses, arson, and drug trafficking. The bill also provides specific provisions for expunging first-offense DUI convictions, records from intervention courts, and minor offenses like underage beer purchase. Additionally, the bill addresses nonconviction records, allowing for automatic expungement in cases of dismissed charges, and sets filing fees for the expungement process. Importantly, the bill mandates that expunged records can still be used in limited circumstances, such as determining habitual offender status or law enforcement certification. The legislation aims to balance providing individuals with a second chance while maintaining public safety considerations, with the new provisions set to take effect on July 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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